Contact Cain and Herren

3 Step Guide on How to Get a Divorce in Maui

When you decide to end your marriage there are necessary requirements you must take before it can become official. Hawaii has certain laws and rules to abide by when it comes to filing a divorce for opposite and same-sex marriages so here are some steps to help you through it.

Step 1: Appear in Family Court

In Hawaii, Maui included, all divorces are all handled by the Family Court. However, each island has its own form of family court which is commonly referred to as “circuits.”

The first step is finding the right court to appear in. The island of Maui is part of the Second Circuit and is located at Wailuku Circuit Court. Once you’ve scheduled your divorce hearing then you’ll need to take the next step.

Step 2: Complete The Right Paperwork for Separation

In divorce there are two types, the most common is uncontested which is where both spouses are able to agree on everything. On the other hand, a contested divorce occurs when there are disagreements which need to be handled in front of a judge.

In both of these instances, there will be paperwork that needs to be filled out and filed properly. Each circuit has slightly different forms which is why it’s important to make sure that you have the appropriate paperwork for the circuit you are in.

You can obtain the necessary forms by either going to the court, calling them and requesting for them to be mailed, or by downloading them off of the court’s website.

Once you get your forms make sure you read them carefully as not all forms will apply to your situation. The package you receive from the court will also contain a Forms Checklist which needs to be ready carefully as some only apply to special circumstances.

It will also tell you how many copies you will need and the order they should be completed in.

If you require assistance with your forms or have questions you may request the help of a court clerk, however, they will not be able to answer any legal questions. In this case, you will require the help of your divorce attorney.

Step 3: Move Forward With Your Divorce

Once your paperwork has been completed and filed you will need to proceed with your divorce in the presence of the court. Depending on whether your divorce is uncontested or contested they may be run differently and for shorter or longer periods of time.

In this hearing your assets will be split accordingly between spouses and the custody of any children involved will also be dealt with by the judge. This is a program which is commonly referred to as “Kids First.”

When you’re going through a divorce it can be hard, which is why it’s recommended to have a professional divorce attorney on your side to ease stress and guide you through this process.